Senator Hassan Joins Colleagues in Urging the FDA to Ban Electric Shock Devices on Children and Adults with Disabilities

WASHINGTON –  U.S. Senator Maggie Hassan (D-NH), a member of the Senate Committee on Health, Education, Labor, and Pensions, joined Senators Dianne Feinstein (D-CA) and Chris Murphy (D-CT) in urging the Food and Drug Administration (FDA) to continue fighting for a ban on the use of dangerous electrical stimulation devices (ESDs) on children and adults with intellectual or developmental disabilities. The only school in the country that still uses electric shock devices on people with disabilities is the Judge Rotenberg Center in Canton, Massachusetts.

Last year, following calls from Senator Hassan and her colleagues, the FDA issued a final rule to ban the use of electrical stimulation devices on children and adults who experience disabilities. However, after the Judge Rotenberg Educational Center filed a petition against this ban, the U.S. Court of Appeals for the D.C. Circuit overturned the FDA’s ban on electric shock devices. The U.S. Department of Justice has since filed an appeal.

In a letter to Acting Commissioner Janet Woodcock, the Senators condemned the practice and support for the appeal, urging the agency to continue prioritizing the protection of those with disabilities.

“We are writing to thank the U.S. Food and Drug Administration (FDA) for acting to protect some of our most vulnerable citizens. We are disappointed with the recent decision by the U.S. Court of Appeals for the D.C. Circuit to overturn the FDA’s ban on the use of electrical stimulation devices (ESDs), also known as electric shock devices, on people with intellectual or developmental disabilities,” the Senators wrote. “We appreciate your defense of the rule and ask that you continue to prioritize the protection of people with disabilities by ending this dangerous practice.”

The Senators continued: “It is clear after hearing from individuals with intellectual and developmental disabilities, their families, and their advocates that ESDs meet those criteria. The FDA’s final rule last year also acknowledged that the medical literature shows there are psychological and physical risks associated with the use of these devices, including worsening of underlying symptoms, depression, anxiety, posttraumatic stress disorder, pain, burns and tissue damage.”

“For these reasons, we encourage the FDA, along with the DOJ, to continue to take every step necessary to protect children and adults with disabilities,” the Senators concluded.

Full text of the letter can be found here and below.

Dear Acting Commissioner Woodcock,

We are writing to thank the U.S. Food and Drug Administration (FDA) for acting to protect some of our most vulnerable citizens. We are disappointed with the recent decision by the U.S. Court of Appeals for the D.C. Circuit to overturn the FDA’s ban on the use of electrical stimulation devices (ESDs), also known as electric shock devices, on people with intellectual or developmental disabilities. We understand the agency, along with the U.S. Department of Justice (DOJ), has filed an appeal seeking a rehearing en banc. We appreciate your defense of the rule and ask that you continue to prioritize the protection of people with disabilities by ending this dangerous practice.

As you know, FDA has the authority to ban devices if it finds that the device presents substantial deception or an unreasonable and substantial risk of illness or injury. It is clear after hearing from individuals with intellectual and developmental disabilities, their families, and their advocates that ESDs meet those criteria. The FDA’s final rule last year also acknowledged that the medical literature shows there are psychological and physical risks associated with the use of these devices, including worsening of underlying symptoms, depression, anxiety, posttraumatic stress disorder, pain, burns and tissue damage.

In addition, when issuing the final rule, FDA noted that of the 1,500 comments received, the overwhelming majority of comments supported this ban.1 For these reasons, we encourage the FDA, along with the DOJ, to continue to take every step necessary to protect children and adults with disabilities.

Thank you for your consideration.

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